Kentucky Injury Lawyer Blog

Well, if you thought you were in the clear with crazy vehicles running out of control due to “sticky gas pedals” or floor mat problems because you luckily didn’t own a Toyota or Lexus, don’t count your chickens before they hatch. Apparently, Mazda has recalled almost a quarter million vehicles for faulty power steering systems. The recall includes 2007 – 2009 model year Mazda 3’s and Mazda 5’s. According to the National Highway Traffic Safety Commission, the steering problems can increase the risk of crash because it involves a loss of power assist, reducing the ability to steer the automobile as intended.

As with the Toyota recall, it appears that Mazda may have been aware of the problem long before making it public in the United States. According to the New York Times, for at least the last year Mazda has been fixing an identical problem in Japan, and has reported to the NHTSC over two years ago that it was investigating the problem. Incredibly, Mazda is contending that because the problem had a low incidence rate in the U.S. they decided to NOT recall the vehicles and simply monitor the problem. Well, while Mazda was “monitoring” the problem, 33 Mazda owners made complaint to the NHTSC about “unintended steering events” (sound familiar?!?). One has to wonder how many other incidents went unreported because owners were unaware that there might be any problem. Seriously, how does “monitoring” a known problem instead of telling people that there is a serious risk make it OK? I wonder how many unnecessary and potentially harmful accidents took place while Mazda was content to “monitor” the problem?

Continue reading "Mazda Recalling Vehicles for Faulty Power Steering Problems" »

Deputy FDA Commissioner Josh Sharfstein reported that the agency is investigating whether or not Glaxo broke the law by withholding data indicating Avandia may carry an increase risk of heart attacks. The Wall Street Journal reports that the FDA is currently reviewing documents that Glaxo released to the Senate Finance Committee as part of the committee’s two year investigation of the drug.

Time magazine reports that FDA reviewer Robert Misbin became concerned about Avandia in 2006 after he saw data suggesting a 31% increase in heart attack risk associated with use of the drug. Senator Charles Grassley, a ranking member of the Senate Finance Committee has already stated that the makers of Avandia shouldn’t have waited so long to alert doctors and patients about Avandia’s potential risks.

The Deputy Commissioner’s statements are the most recent bad news for GlaxoSmithKline. The pharmaceutical company already faces multiple lawsuits and has faced increasing federal scrutiny of Avandia for over three years. The New York Times also referenced potentially uncounted adverse events associated with Avandia in a recent article regarding the potential bribery or FDA and other government officials.

If you or someone you know suspects they have suffered a heart attack or other injury due to Avandia, you should consider discussing the issue with a products liability attorney. The attorneys of Bahe Cook Cantley & Jones are actively litigating Avandia cases. To consult with Shawn Cantley about these issues: Shawn's Mail

Attorney Larry Jones filed a motion for class certification this week in the United States District Court for the Western District of Kentucky. Jones seeks to represent employees of Yellow ambulance going as far back as 2002 for Yellow Ambulance's illegal policies regarding lunch breaks and rest breaks. In particular, Yellow Ambulance violated Kentucky law by engaging in a pattern and practice of not allowing employees to take lunch breaks between the 3rd and 5th hour of their shifts as required by Kentucky law. Additionally, Yellow Ambulance failed to have a policy in place to ensure that its employees received 10 minute rest breaks every four hours.

In addition to not scheduling the lunch breaks, Yellow Ambulance did not allow its employees to have a 30 minute uninterrupted period for lunch as required by Kentucky law. Nevertheless, the company deducted 1/2 hour from each employee's pay on the assumption that they took a lunch break --even though Yellow's own documents prove that the employees did not get their lunch breaks.

If you worked at Yellow Ambulance between 1992 and today's date, and have information about Yellow Ambulance's policies and practices, contact Larry Jones at 1-866-587-0002.

Toyota has issued a recall for approximately 372,000 Toyota Avalon sedans due to potential steering problems. The recall affects Avalons from the 2000-2004 model years and stems from an “improper casting of the steering lock bar.”

The steering lock bar could crack an eventually break. Should that happen the steering wheel might lock thereby preventing the ability to steer and could lead to a crash or injury, the Car Connection reports. Although there haven’t been any reports of accidents caused by the flaw to date, Avalon owners should be cautious and can contact Toyota at 1-800-331-4331 to have the problem fixed. The recall is scheduled to begin in August.

Toyota has been faced with the recall of multiple product lines for various problems throughout 2010. If you or a loved one has been injured as a result of a problem or defect in a Toyota vehicle you should consider discussing your case with a products liability attorney. The attorneys of Bahe Cook Cantley & Jones are currently litigating cases regarding Toyota problems. To consult with Shawn Cantley about these issues: Shawn's Mail

Bahe Cook Cantley & Jones partner Larry Jones traveled to Boise, Idaho this past week to attend the Judicial Panel on Multi-District Litigation hearing to determine the fate of the BP Oil Spill litigation. At the hearing, lawyers for both plaintiffs and defendants argued to the Panel for consolidation of all of the BP cases into one federal court. While the parties agreed that the cases should be consolidated, they did not agree on the location of where the cases should be heard. The defendants were uniformly in favor of Houston, Texas, while the plaintiffs suggested various venues along the Gulf Coast. In my opinion, the case will be transferred to Judge Barbier in the Eastern District of New Orleans.

For more information about the rights of those impacted by the BP Oil Spill, contact Larry Jones at 1-866-587-0002.

Johnson & Johnson has agreed to a $75 Million national settlement related to allegations that its subsidiary, Ortho-McNeil-Janssen Pharmaceuticals schemed to improperly market the drug Topamax for uses that were not approved by the Food & Drug Administration.

The Commonwealth of Kentucky’s share of the settlement is nearly $2 million.

The FDA and J&H Besta Corp have recalled the Joyful Slim Herb Supplement and the Slim-30 Herb Supplement due to traces of sibutramine, commonly known as Meridia, contained in the supplements.

Earlier this year the FDA issued a warning to patients about the use of sibutramine after their review suggested it was associated with an increase risk of stroke and heart attack amongst patients with cardiovascular disease, Medpage Today reports.

Although the company has yet to receive a report of an adverse event from taking the supplement, customers who have purchased the product should cease use and return it to the company for a refund.

When a company produces a defective product, such as unreasonably dangerous drugs, they can be liable for the damages caused from the products. This area of the law is known as products liability . Should you or someone you know be injured by a dangerous drug, such as the supplements mentioned above, you should consider contacting an attorney. The attorneys of Bahe Cook Cantley & Jones, PLC frequently handle these types of cases. To speak with Shawn Cantley about these issues: Shawn's Mail

Over a dozen lawsuits filed over defective brakes on the Toyota Prius may be consolidated before a single judge in multidistrict litigation (MDL).

The lawsuits seek to recover for economic damages, i.e. the loss in retail value of a car with working brakes versus defective brakes, and also allege that drivers experienced stopping or slowing down while traveling on rough or wet roads, Law.com reports.

The National Highway Traffic Safety Administration (NHTSA) has stated that it has received 124 complaints from consumers, including reports of four crashes potentially caused by the defects. There are currently about a dozen cases filed, including cases filed in Alabama, California, Kentucky, Maryland, New York, Ohio, and Texas. Because the cases are all similar an MDL proceeding is being considered.

Legal analysis by Shawn Cantley , Shawn's Mail:

An MDL is similar to a class action case in that cases are combined and heard before a single judge for the purposes of discovery and pretrial matters. The major difference is that once those matters have been concluded the cases return home to their original districts for trial or settlement. In other words, the cases are consolidated to make pre-trial preparation more efficient but each case ultimately stands on its own.

As always, we will keep you updated as the cases continue to develop. If you or someone you know may have problems with your Toyota Prius Hybrid brakes, consider speaking with a products liability attorney. They may be able to help you recover damages for any injuries you have suffered as well as compensation for the injured retail value of your vehicle. The attorneys of Bahe Cook Cantley & Jones, PLC are actively litigating Toyota cases and would be happy to speak with you.

The U.S. Food and Drug Adminstration (FDA) is investigating whether commonly used blood pressure medicines, known as ARB's, may increase the risk of cancer.

The new review began after a new study suggested the medicines could increase cancer risks for those that take the, according to the New Jersey Star-Ledger.

Angiotensin Recepter Blockers (ARBs) are used by patients to treat high blood pressure and the class of drugss includes the top-selling druges Cozaar and Avapro as well as Atacand, Benicar, Diovan, Micardis, and Teveten. The FDA review is examining, among other things, the same Micardis side effects we reported on earlier this month.

As we have stated before, patients are urged to continue taking the drugs, at least until they have a chance to consult with their doctors about other medicines.

Legal analysis by Shawn Cantley [profile], Shawn's Mail:

Drug manufacturers owe those taking their medicines a duty not to design or manufacture unreasonably dangerous drugs as well as to warn users of the potential dangers of their medicines. Breaching those duties can result in the manufacturer facing civil liability for any injuries they cause.

If ARB's do turn out to increase cancer risks, their makers could face such liability. More facts would be necessary to know the extent of civil liability, if any. If you or someone you know have been inured by these types of drugs, you might consider speaking with a products liability attorney that specializes in dangerous drugs. They can provide you with counsel, help you determine if you have a case, and if so, how to proceed.

The FDA expert panel voted 20 to 12 earlier today to keep Avandia on the market. The vote comes just days after a former FDA official claimed that GlaxoSmithKline, the makers of Avandia, withheld a study that showed Avandia might cause heart attacks, Bloomberg reports. The news is another blow to Avandia we the FDA continues hearings that could result in the drug being pulled from the market.

Reuters reports that the FDA will have the final decision but the panel's vote is a big boost to GlaxoSmithKline. The vote came just days after Dr. Rosemary Johann-Liang, a former FDA manager, revealed that a 2001 study revealed that Avandia posed a greater risk than other medicines. Dr. Johann-Liang was being deposed in relation to a lawsuit against Avandia when she also stated that Glaxo didn't give the FDA an email that concluded Avandia "strengthened the signals" of heart attacks and other ailments.

This is the second FDA employee or ex-employee to criticize GlaxoSmithKline's handling of Avandia. Earlier this week, I posted about an FDA official criticizing Avandia's clinical trials, and Larry Jones wrote an in-depth piece covering the Avandia hearings. As recently as 2006 Avandia generated over $3 billion in sales so the recent studies and FDA comments could represent a huge blow to one of GlaxoSmithKline's flagship drugs.

Dangerous drugs, such as Avandia, might cause injuries or death. If an unreasonably dangerous or defective drug injures consumers than they may have legal claims against the manufacturer and could be compensated any losses they have suffered. Lawyers call this area of the law products liability.

Consulting an experienced products liability attorney is usually easy and can help you determine if you have a case.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Jones PLC. Please feel free to contact me directly for if you have any questions or would like more information. Just click here, and it will take you to a page containing biographical and contact information and here to e-mail Will directly. As always, we will keep you updated as developments with Avandia and other potentially dangerous drugs or products occur.